Vernon Miller - Page 7




                                                - 7 -                                                  
            certain of those years, a loss attributable to petitioner’s                                
            interest in a partnership, and (3) for one of those years, income                          
            from an S corporation.  Each of petitioner’s 1988, 1989, and 1992                          
            returns included a schedule which showed an exchange of proper-                            
            ties from which petitioner realized capital gain.                                          
                  In the notice of deficiency issued to petitioner for 1993                            
            (notice), respondent determined, inter alia, to disallow the                               
            $109,482 that petitioner claimed in his 1993 return as “Other                              
            * * * losses”.                                                                             
                                               OPINION                                                 
                  Petitioner bears the burden of proving that the determina-                           
            tions in the notice are erroneous.  See Rule 142(a); Welch v.                              
            Helvering, 290 U.S. 111, 115 (1933).                                                       
                  In his 1993 return, petitioner claimed with respect to the                           
            Miller loan that he had a loss of $109,482 from the sale or                                
            exchange of property used in a trade or business.  Petitioner                              
            changed his return position at trial and on brief.  Petitioner                             


                  7(...continued)                                                                      

                                    Year            Number of                                          
                                 of Return          Properties                                         
                                    1979                 5                                             
                                    1987                 5                                             
                                    1989                 2                                             
                                    1991                 3                                             
                                    1992                 3                                             
                                    1993                 4                                             







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